310 CMR, § 75.03 - Applicability
(1)310 CMR 75.00 applies to any person who
manufactures, sells, offers for sale or distributes mercury-added products in
Massachusetts.
(2) The following
products are exempt from the requirements of
310 CMR
75.04:
(a)
motor vehicles and mercury-added components in motor vehicles;
(b) refurbished medical equipment;
(c) mercury-added button cell
batteries;
(d) products where the
only mercury contained in the product is in one or more removable mercury-added
button cell batteries;
(e) products
where the only mercury contained in the product is contained in one or more
mercury-added lamps;
(f)
mercury-added formulated products intended to be totally consumed in use, such
as reagents, cosmetics, cleaning products, pharmaceuticals and other laboratory
chemicals;
(g) Products made with
coal ash;
(h) Products that are
incorporated into equipment used to manufacture semi-conductor devices;
(i) elemental mercury in
pre-capsulated form that is sold, distributed or provided to a dental
practitioner for use in compliance with the department's regulations concerning
amalgam wastewater and recycling for dental facilities; or
(j) mercury-added thermostats subject to the
requirements of 310 CMR 77.00: Collection and Recycling of
Mercury-added Thermostats.
(3) After December 28, 2007, once a
mercury-added product is no longer sold, offered for sale, or distributed in
Massachusetts, the product's manufacturer will no longer be subject to the
requirements of
310 CMR
75.04.
(4) Compliance with 310 CMR 75.00 does not
release manufacturers, distributors, wholesalers, or retailers from the need to
comply with other applicable state, federal and local requirements.
(5) The Department shall deem a manufacturer
of mercury-added lamps to have satisfied the requirements of
310 CMR
75.04 if such manufacturer who sells
mercury-added lamps in the Commonwealth individually pays, until June 30, 2024,
an annual registration fee in accordance with the requirements of
310 CMR
4.03(2): Table 4.03
and with the requirements of
310 CMR
75.05. Manufacturers shall make such payments
to the Department to be deposited into an expendable trust fund established in
accordance with M.G.L. c. 6A, § 6. If a manufacturer fails to comply with
these provisions, such manufacturer shall comply with the full terms and
conditions of
310 CMR
75.04.
Notes
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